HomeMy WebLinkAbout7326RESOLUTION NO. 7326
A RESOLUTION APPROVING A STATE OF COLORADO
HOUSING GRANT CONTRACT BETWEEN THE CITY OF
PUEBLO AND THE DEPARTMENT OF LOCAL AFFAIRS
DIVISION OF HOUSING FOR $131,000 PROVIDING
HOUSING REHABILITATION FUNDS FOR THE
NEIGHBORHOODS OF HYDE PARK, BRADFORD AND
MINNEQUA AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE THE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
Section I.
The State of Colorado Housing Grant Contract between Pueblo,
a Municipal Corporation and the Department of Local Affairs,
Division of Housing, a copy of which is attached hereto and
incorporated herein, having been approved by the City Attorney, is
hereby approved. The President of the City Council of the City of
Pueblo is authorized and directed to execute the Agreement for and
on behalf of the City and the City Clerk is directed to affix the
seal of the City thereto and attest the same.
INTRODUCED: March 28 , 1994
By SAMUEL CORSENTINO
Councilperson
4C,7
Ci -Clerk
Form 6- AC -02A (R 1/88)
1193 -076
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
CONTROL NUMBER
STATE OF COLORADO
HOUSING GRANT CONTRACT
THIS CONTRACT, Made this ;�'W day of _ 1994, by and between the State of
Colorado for the use and benefit of the DEPARTMENT F LOCAL AFFAIRS, DIVISION OF HOUSING, 1313
Sherman Street, #323, Denver, Colorado 80203, hereinafter referred to as the State, and City of Pueblo, #1
City Hall Place, Pueblo, Colorado, 81003 , hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains availab for payment in Fund Number
Appropriation Code I Org. No. R_ , GBL No. 4US
Contract Encumbrance
Number C and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, in accordance with 24 -32 -705 C.R.S. 1973, as amended, the State is empowered to
provide funds to public and private non - profit entities to induce at least equal non -State investments for the
construction, rehabilitation and acquisition of housing for low- income families and persons; and
WHEREAS, the Contractor is one of the political subdivision, public or private non - profit entities
organized under the law of the State of Colorado as a non - profit corporation in good standing in the State of
Colorado with federal income -tax exempt status and eligible to receive State funds; and
WHEREAS, certain physical conditions exist in houses located in the State, Colorado, which pose
danger to the health, welfare, and safety of low- and moderate - income occupants; and,
WHEREAS, The Division of Housing has approved the proposed project of the contractor.
NOW, THEREFORE, it is hereby agreed that
Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, perform and carry -out in a satisfactory and proper manner, as determined by the State, all work
elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter
referred to as the "Project ". Work performed prior to the execution of this contract shall not be
considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of Tony Berumen , an employee or agent of Contractor, who is hereby designated
as the administrator -in- charge of this project. At any time the administrator -in- charge is not assigned
to this project, all work shall be suspended until the Contractor assigns a mutually acceptable
replacement administrator -in- charge and the State receives notification of such replacement
assignment.
Page 1 of 9 Pages
Time of Performance. This Contract shall become effective upon proper execution of this Contract.
The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of
Services. The Contractor agrees that time is of the essence in the performance of its obligations under
this Contract, and that completion of the Project shall occur no later than the termination date set forth
in the Scope of Services.
4. Definition of Eligible Beneficiaries. Eligible beneficiaries are defined for the purposes of this Contract,
as those persons whose household income does not exceed 80% of the area median income, as set
forth in the Exhibit B, which is attached hereto and incorporated here in by reference, or as
subsequently promulgated in writing by the State.
Fair Housing Provision. The Contractor agrees to comply with the letter and spirit of the Colorado Fair
Housing Act of 1959, as amended, and other applicable laws respecting discrimination in the showing,
renting, leasing or sale of housing or vacant land, including trailer spaces, duplexes and private homes.
The law prohibits discrimination based on race, creed, color, sex, national origin, ancestry, physical
handicap and marital status.
Compensation and Method of Payment. State shall pay to Contractor a total amount not to exceed
One Hundred Thirty One Thousand and NO /100 Dollars, ($131,000) . Payment of funds for approved
program activity(ies) shall be made upon written request from Contractor using the State - provided
form. Contractor may request payment for reimbursement of actual eligible expenditures or for eligible
obligated expenses. Contractor shall maintain and submit documentation that said expenses existed
at the time of request. No part of said State share shall be used for program planning, development
or administration. The method and time of payment shall be made in accordance with the "Payment"
set forth herein.
The proposed total funding for said program to provide adequate housing for low and moderate income
households is approximately Two Hundred Ninety Thousand and NO /100 Dollars ($290,000) of which
the State share is One Hundred Thirty One Thousand and NO /100 Dollars ($131,000) and Contractor
non -State matching share is approximately One Hundred Fifty Nine Thousand and NO /100 Dollars
($159,000) . In no event shall Contractor non -State matching share be less than State share. If
Contractor non -State matching share is less than State share, the State share shall be reduced to
amount of available contractor non -State matching funds.
Financial Management. At all times from the effective date of this Contract until completion of this
Contract, the Contractor shall establish and maintain, as a separate set of accounts, or as an integral
part of its current accounting system, accounts for the Project to assure that Project funds including
State funds, matching and other funds, are expended and accounted for in a manner consistent with
this Agreement and State Law, including Section 24 -75 -601 through 605 Colorado Revised Statutes,
as amended.
8. Payment Method. Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all drawdown requests by submitting to the Division
a written request using the State - provided form, for reimbursement of actual and proper
expenditures of State Housing Development Grant (HDG) funds plus an estimation of funds
needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the financial
management requirements, program objectives, contractual terms, or reporting requirements.
c) The State may withhold payment of the final five (5) percent of the total contract amount until
the Contractor has submitted and the Division has accepted all required financial status reports
and performance report information.
Page 2 of 9 Pages
9. Audit. The State or other appropriate government agency, or any person designated by such agency,
shall have the right to audit said project's construction account and /or project's operating account,
provided that such audit is conducted at a reasonable time and in a reasonable manner.
10. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have
no authorization, express or implied, to bind the State to any agreements, settlements, liability or
understanding except as expressly set forth herein.
11. Personnel. The Contractor represents that he has, or will secure at his own expense all personnel, as
employees of the Contractor, necessary to perform the work and services required to be performed
by the Contractor under this contract. Such personnel may not be employees of or have any
contractual relationship with the State and no such personnel are eligible for any employees benefits,
unemployment compensation or any other benefits accorded to state employees and Contractor agrees
to indemnify the State for any costs for which the State may be found liable in these regards.
Contractor shall pay when due all required employment taxes and income tax withholding. All of the
services required hereunder will be performed by the Contractor or under his supervision.
The Contractor is responsible for providing Workmen's Compensation coverage and Unemployment
Compensation coverage for all of its employees to the extent required by law, and for providing such
coverage for themselves. In no case is the State responsible for providing Workmen's Compensation
Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and
Contractor agrees to indemnify the State for any costs for which the State may be found liable in this
regard.
12. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may,
after notice to the Contractor, suspend the contract and withhold further payments or prohibit the
Contractor from incurring additional obligations of contractual funds, pending corrective action by the
Contractor or a decision to terminate in accordance with provisions herein. The State may determine
to allow such necessary and proper costs which the Contractor could not reasonably avoid during the
period of suspension provided such costs were necessary and reasonable for the conduct of the
project.
13. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor
is to be paid, reimbursed, or otherwise compensated with Division of Housing Development
Grant funds provided to the Divison for the purpose of contracting for the services provided
for herein, and therefore, the Contractor expressly understands and agrees that all its rights,
demands and claims to compensation arising under this Contract are contingent upon receipt
of such funds by the Division of Housing. In the event that such funds or any part thereof are
not received by the Division of Housing, the Division may immediately terminate or amend this
Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this Contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this Contract, the State shall thereupon have the
right to terminate this Contract for cause by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least five (5) days before the effective
date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material prepared by the
Contractor under this Contract shall, at the option of the State, become its property, and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents and other materials.
Page 3 of 9 Pages
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and
the State may withhold any payments to the Contractor for the purpose of setoff until such
time as the exact amount of damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State HDG monies under the Contract would
no longer be served by completion of the Project. The State shall effect such termination by
giving written notice of termination to the Contractor and specifying the effective date thereof,
at least twenty (20) days before the effective date of such termination. In that event, all
finished or unfinished documents and other materials as described in subparagraph b above
shall, at the option of the State, become its property. If the Contract is terminated by the State
as provided herein, the Contractor will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services of the
Contractor covered by this Contract, less payments of compensation previously made:
Provided, however, that if less than sixty percent (60°x) of the services covered by this
Contract have been performed upon the effective date of such termination, the Contractor shall
be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket
expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the
Contract period which are directly attributable to the uncompleted portion of the services
covered by this Contract. If this Contract is terminated due to the fault of the Contractor,
Paragraph 13b hereof relative to termination shall apply.
14. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be
required by changes in federal or state law or regulations. Any such required modification shall
be incorporated into and be part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set
forth below if programmatic or budgetary modifications are desired:
The contractor must submit a written request to the Division and obtain prior written
approval from the Division under the following circumstances:
a. unless otherwise specified in the Scope of Services, when cumulative
budgetary changes exceed five (5) percent of the total contract amount or Five
Thousand Dollars ($5,000), whichever is less;
b. when the scope, objective or completion date of the Project changes;
c. when additional or less State funding is needed;
Under the following circumstances and in addition to the foregoing procedure, prior
approval for changes must be authorized by the State in an amendment to this contract
properly executed and approved in accordance with applicable law:
a. when cumulative budgetary changes exceed ten (10) percent of the total
contract amount or Twenty Thousand Dollars ($20,000), whichever is greater;
b. when the scope, objective or completion date of the Project changes
substantially, as determined by the Division; and
c_ when any additional State funding is needed.
Page 4 of 9 Pages
Under such circumstances, the Division's approval is not binding until memorialized in
the contract amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this
Contract other than as set forth in subparagraphs a and b above, written notice of the
proposed modification shall be given to the other party. No such modification shall take effect
unless agreed to in writing by both parties in an amendment to this Contract properly executed
and approved in accordance with applicable law.
15. Integration. This Contract, as written, with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous
addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied
in a written authorization or contract amendment incorporating such changes, executed and approved
pursuant to applicable law.
16. Reports.
a) Financial Reports. The Contractor shall submit to the Division three (3) copies of financial
status report in the manner and method prescribed by the Division in the scope of services set
forth in Exhibit A.
b) Performance Reports. The Contractor shall submit to the Division three (3) copies of
performance reports in a manner and method prescribed by the Division in the scope of
services set forth in Exhibit A.
17. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and
services by the Contractor and its subcontractors, no employee, officer or agent of the
Contractor or its subcontractors shall participate in the selection or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such
a conflict would arise when the employee, officer or agent; any member of his immediate
family; his partner; or an organization which employs, or is about to employ, any of the above,
has a financial or other interest in the party or firm selected for award. Officers, employees or
agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors
or anything of monetary value from parties or potential parties to contracts. Unsolicited items
provided as gifts are not prohibited if the intrinsic value of such items is nominal.
b) In all Cases Other Than Procurement. In all cases other than procurement (including the
provision of housing rehabilitation assistance to individuals, the provision of assistance to
businesses, and the acquisition and disposition of real property), no persons described in
subparagraph i) below who exercise or have exercised any functions or responsibilities with
respect to HDG activities or who are in a position to participate in a decision- making process
or gain inside information with regard to such activities, may obtain a personal or financial
interest or benefit from the activity, or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for themselves or those
with whom they have family or business ties, during their tenure or for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any
person who is an employee, agent, consultant, officer, or elected official or appointed
official of the Contractor or of any designated public agencies or subcontractors
receiving HDG funds.
Page 5 of 9 Pages
ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor,
the State may grant an exception to the provisions of this subparagraph b) when it
determines that such an exception will serve to further the purposes of the HDG
program and the effective and efficient administration of the Contractor's Project. An
exception may be considered only after the Contractor has provided the following:
a. A disclosure of the nature of the conflict, accompanied by an assurance that:
L there has been or will be a public disclosure of the conflict and a
description of how the public disclosure was or will be made; and
ii. the affected person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect to the
specific HDG assisted activity in question; and
b. An opinion of the Contractor's attorney that the interest for which the
exception is sought would not violate State or local law; and
c. A written statement signed by the chief elected official of the Contractor
holding the State harmless from all liability in connection with any exception
which may be granted by the State to the provisions of this subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested
exception after the Contractor has satisfactorily met the requirements of subparagraph
ii) above, the State shall consider the cumulative effect of the following factors, where
applicable:
a. Whether the exception would provide a significant cost benefit or an essential
degree of expertise to the Project which would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or
negotiation;
c. Whether the person affected is a member of a group or class of low or
moderate income persons intended to be beneficiaries of the HDG assisted
activity, and the exception will permit such person to receive generally the
same benefits as are being made available or provided to the group or class;
d. Whether the interest or benefit was present before the affected person was in
a position as described in this subparagraph b);
e. Whether undue hardship will result either to the Contractor or the person
affected when weighed against the public interest served by avoiding the
prohibited conflict; and
f. Any other relevant considerations.
17. Election not to Grant. Notwithstanding any other provision hereof, the Division of Housing may elect
not to make payment on the grant if:
a. Contractor shall have made any misrepresentations of a material nature in its application for
the grant, or in any supplement thereto, or in this contract, or in any document furnished by
it, to the Division of Housing relative to the initiation of the project;
Page 6 of 9 Pages
b. There is pending or threatened litigation with respect to the grant or the performance by the
Contractor of any of its duties or obligations hereunder which may jeopardize or adversely
affect the initiation of the project;
Contractor does not strictly comply with any provisions of this contract, the Act, the
Guidelines, and /or the Policies and Procedures of the Division of Housing; and,
d. The project, in the opinion of the Division of Housing, cannot proceed because of the inability
to continue or complete land options or agreements, or secure zoning, or due to any action by
any branch of government which impairs the use of the project for the proposed project
purposes.
18. Approvals. Contractor shall obtain all necessary public approvals, including zoning, building, health and
fire approvals, for use and occupancy of said property for said purpose.
19. Competitive Bids. All construction or rehabilitation work undertaken with State funds shall be
competitively bid unless otherwise authorized by the State.
20. Hold Harmless. Contractor, in consideration for State's promises herein set forth, promises to
indemnify, save and hold harmless and defend State, and all of its employees and agents, acting
officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees
arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property
of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection
with the performance of this contract, or by conditions created thereby, or based upon any violation
or any statute, ordinance, or regulation, and the defense of any such claims or actions.
21. Non - Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules,
regulations and executive orders of the Governor of Colorado involving non - discrimination on the basis
of race, color, religion, national origin, age, handicap or sex. In compliance with paragraph 5 of the
Special Provisions section of this contract, Contractor agrees to consider minorities or minority
businesses as employees, specialists, agents, consultants or subcontractors under this contract.
Contractor may utilize the expertise of the State Minority Business Office within the Office of the
Governor for assistance in complying with the non- discrimination and affirmative action requirements
of this contract and applicable statutes.
22. Survival of Provisions. Notwithstanding any termination of this contact, the survival of provisions shall
continue in force and effect as to any provisions hereof which require observance or performance by
the State and Contractor subsequent to the date specified for termination, and it is understood and
agreed such provisions shall survive any said termination date.
Page 7 of 9 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will 'sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
agents, subcontractors, or assignces pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24 -34 -402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed and that
employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly
or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6- AC -02B
Revised 1/93
395.53 -01 -1022
page 8 of 9_ pages
(g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8 -17 -101 & 102 for preference of Colorado labor arc applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102)
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which
is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, ct. seq., (Abuse of Public Officc),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor: City Of Pueblo
(Full Legal Name) City Of Pueblo
A unicipal poi Lion
P ition(Tnic) Joyce Lawrence, President of t he
City Council I.D. #84- 6000615
Social Security Number w federal I.D. Number
If Corporation:)
A
B
STATE OF COLORADO
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Revised 1193 Page 9 which is the last of 9 pages
395 -53 -01 -1030 'See instructions on reverse side.
Attest (Seal
By
Corporate Seereta , or Equivalent. To n iry/Counry Clerk
EXHIBIT A
Scope of Services
EXHIBIT A
SCOPE OF SERVICES
CITY OF PUEBLO - 93 -076
1. General Provisions. This project is for the rehabilitation of approximately eleven (11) owner
occupied housing units to be selected from three targeted neighborhoods. The targeted
neighborhoods are: Bessemer, Bradford, and Hyde Park.
State funds would be leveraged .pith funds committed by the City of Pueblo, Columbia Savings,
Bank One, to buy down interest rates to affordable blended rates. The average total cost per unit
will be approximately $25,000, one -half of which will be State funds. State funds will be loaned
at 3% for 15 -20 year to qualified families.
2. Specific Responsibilities.
A. The Division of Housing will monitor this project.
B. The Contractor shall ensure that any and all subcontracts entered into by the Contractor or any
of its subcontractors shall comply with all applicable State and local laws and requirements.
3. Project Activities and Budget.
Funds from sources other than HOME shall not be considered matching funds subject to federal
audit requirements.
4. Time of Performance.
A. The contract shall become effective upon its execution date.
B. This contract shall expire on March 31, 1995. However, the project time of performance may
be extended, subject to mutual agreement of the State and Contractor. To initiate an extension,
a written request submitted to the State by the Contractor at least thirty (30) days prior to March
31, 1995, and shall include a full justification for the extension request.
5. Reporting Requirements. The Contractor shat) provide quarterly financial and performance reports
to the Department of Local Affairs, Division of Housing. Report forms shall be provided by the
Division of Housing.
6. Special Provisions. In consideration for the grant monies to be received from the State, the State
expects the City of Pueblo to ensure that the units will remain affordable for 20 years.
Specifically, all eight units shall be occupied by owners with incomes less than 80% of the median
family income for twenty years. If the unit is sold to a non - qualifying family during this period, the
loan to the homeowner shall be due on sale % ^iith the proceeds used to further the development
of affordable housing for low and moderate income households in the City of.Pueblo. .
Other F
Project Activities
Total Project -DCH Grant
Amount
Source
Cost
Rehabilitation
262,000 131,000
$34,500
Columbia Savings /Bank One
96,500
City of Pueblo
Administration
28,000
28,000
City of Pueblo
Total
$290,000 $131,000
$159,000
Funds from sources other than HOME shall not be considered matching funds subject to federal
audit requirements.
4. Time of Performance.
A. The contract shall become effective upon its execution date.
B. This contract shall expire on March 31, 1995. However, the project time of performance may
be extended, subject to mutual agreement of the State and Contractor. To initiate an extension,
a written request submitted to the State by the Contractor at least thirty (30) days prior to March
31, 1995, and shall include a full justification for the extension request.
5. Reporting Requirements. The Contractor shat) provide quarterly financial and performance reports
to the Department of Local Affairs, Division of Housing. Report forms shall be provided by the
Division of Housing.
6. Special Provisions. In consideration for the grant monies to be received from the State, the State
expects the City of Pueblo to ensure that the units will remain affordable for 20 years.
Specifically, all eight units shall be occupied by owners with incomes less than 80% of the median
family income for twenty years. If the unit is sold to a non - qualifying family during this period, the
loan to the homeowner shall be due on sale % ^iith the proceeds used to further the development
of affordable housing for low and moderate income households in the City of.Pueblo. .
EXHIBIT B
Definition of Moderate, Low and Very Low Income Households and Persons
0
Household Size
County
Tyne of IloutehoW
I Person
2 rerson
Perso
4 Person
5 Person
6 Person
7 Person
8 Person
LAKE COUNTY
Moderate Income
18700
214M
24050
26700
28850
31000
33150
35250
Low Income
11700
13350
15050
16700
18050
19350
20700
22050
LA PLATA COUNTY
Moderate Income
199M
22100
25550
28400
30650
32950
35200
375M
Low Income
12450
14200
15950
17750
19150
20600
22000
23450
LARIMER COUNTY
Moderate Income
23850
27250
30650
34100
36800
39550
42250
45000
Loa Income
14900
17050
19150
21300
23000
24700
26400
28100
LAS ANIMAS COUNTY
Moderate Income
18150
20150
23350
25900
28000
30050
32150
342M
Loa Income
11350
12950
14600
16200
17500
18800
20100
21400
LINCOLN COUNTY
Moderate Income
18150
20150
23350
25900
2WW
30050
32150
'
34200
Loa Income
11350
12950
14600
162M
17500
18800
20100
21400
LOOAN COUNTY
Moderate income
18150
20150
23350
25900
28000
30050
32150
34200
Loa Income
11350
12950
14600
16200
175M
18800
20100
21400
MESA COUNTY
Moderate Income
206M
23530
26500
29450
31800
34150
21350
36500
22800
38850
24300
Low income
12900
14700
16550
18400
198511
MINERAL COUNTY
Moderate Income
18150
20150
21350
25900
28000
30050
32150
20100
34200
21400
Low Income
11350
12950
14600
16200
17500
18800
MOFFAT COUNTY
Moderate Income
22950
26230
295M
3NW
35400
38050
40650
25400
43300
27050
Low Income
14350
16400
18450
20500
22510
23800
MONTEZUMA COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
18800
32150
20100
342M
21400
Low Income
11350
12950
14600
16200
175M
MONTROS8 COUNTY
Moderate Income
21550
24650
27700
30800
33250
35750
22350
38200
23850
40650
25400
Low Income
13500
15400
173W
19250
20800
MOROAN COUNTY
Moderate Income
18150
2150
23350
25900
2WW
17500
30050
18800
32150
21M
34200
21400
Low Income
11350
12950
14600
16200
OTERO COUNTY
Moderate Income
18150
2750
23150
14600
25900
16200
2WW
17500
30050
18800
32150
2100
34200
21400
Low Income
11350
12950
OURAY COUNTY
Moderate Income
21550
24650
27700
30800
19250
33250
20800
35750
22350
38200
23850
40650
254M
Low Income
133M
15400
17300
PARK COUNTY
Moderate Income
22900
262M
29450
18400
32700
20450
35330
22100
37950
23700
40550
25350
43200
27000
Low Income
14300
16350
PIIILLIPS COUNTY
Moderate Income
18150
20750
23350
14600
25900
16200
28000
175M
30050
18800
32150
20100
34200
21400
Law Income
11350
12950
27800
31750
35750
39700
42900
46050
49250
52400
PTTKIN COUNTY
Moderate Income
24500
21550
30600
33050
35500
37950
40400
Low Income
21400
18150
2750
23350
25900
2WW
30050
32150
34200
PROWERS COUNTY
Moderate income
12950
14600
16200
17500
18800
2100
21400
Low Income
11350
D -3
Iousehold Size
Uuntr
Type of Household
I Perso
2 Person
3 Person
4 Person
5 Person
6 PC rso
7 Person
PB erson
DELTA COUNTY
Moderate Income
21550
24650
27700
30800
33250
35750
38200
40650
Low Income
IBM
15400
17300
19250
20000
22350
23850
25400
DENVER COUNTY
Moderate Income
26000
29700
33400
37100
40100
43050
46050
49000
Low Income
16250
111.550
20900
23200
25050
26900
28750
30600
DOLORE3 COUNTY
Moderate Income
18150
20750
233M
25900
28000
IM50
32150
342M
Low Income
11350
12950
14600
16200
17500
18800
201M
21400
DOUGLAS COUNTY
Moderate Income
26000
29700
33400
37100
40100
43050
46050
49000
Low Income
16250
18530
20900
23200
25050
269M
28750
30600
PAOLO COUNTY
Moderate Income
26600
30400
34200
38000
41050
441M
47100 '
So15o
Low Income
16650
19000
21350
23750
25650
27550
29450
31350
ELJBERT COUNTY
Moderate Income
23000
26300
29600
32900
355M
38150
40750
43400
Low Income
14400
16450
18500
20550
222M
23850
25500
27150
EL PASO COUNTY
Moderate Income
21900
25000
28150
31300
339M
36300
38800
41300
Low Income
13700
15650
17600
19550
21100
22700
24250
258M
FREMONT' COUNTY
Moderate Income
18150
WM
23350
25900
2WW
30050
32150
342M
Low Income
11350
12950
14600
16200
17500
18800
20100
21400
GARFIE.L D COUNTY
Moderate leeome
20900
23850
26850
29850
32150
34600
37000
39400
Low Income
13050
14900
168M
18650
20150
21650
23150
24600
GILPIN COUNTY
Moderate Income
23350
267M
30000
33350
36050
38700
41350
44050
Low Income
14600
16700
18750
20850
225M
24200
25950
27500
GRAND COUNTY
Moderate Income
22000
25150
28300
31450
33950
36450
39000
41500
Low Income
13750
15700
17700
19650
212M
229M
24350
25950
GUNNISON COUNTY
Moderate Income
21550
24650
27700
30800
33250
35750
38200
40650
Low Income
13500
t5400
17300
19250
208W
22350
23850
25400
HINSDALE COUNTY
Moderate Income
21550
24650
27700
30800
19250
33250
20600
35750
22350
38200
23850
40650
25400
Low Income
13500
15400
17300
HUERFANO COUNTY
Moderate Income
18150
20750
23350
25900
16200
28000
17500
30050
18800
32150
20100
34100
21400
Low Income
11350
12930
14600
JACKSON COUNTY
Moderate Income
21550
24650
27700
30800
19250
33250
20800
35750
22150
38200
23850
40650
254M
Low Income
11500
15400
t7300
JEFFERSON COUNTY
Moderate income
26000
29700
33400
37100
23200
40100
25050
43050
26900
46050
28750
49000
30600
Low Income
16250
18530
20900
KIOWA COUNTY
Moderate Income
18150
20750
23350
14600
25900
16200
28000
17500
30050
188M
32130
20100
34200
21400
Low Income
11350
12950
KIT CARSON COUNTY
Moderate Income
18150
20150
23330
14600
23900
16_+00
215000
17300
30050
188M
32150
20100
34200
214M
Low Income
11350
12930
W3
D4
Ilousehold Size
Cpunh
True of H ousehold
Iperson
2 Penon
3 Perso
4 Person
5 rerson
6 Person
7 Person
8 t'_ esso�r
PUEBLO COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
32150
34200
Low Income
11350
12950
14600
16200
17500
I8800
20100
21400
RIO BLANCO COUNTY
Moderate Income
2MW
25150
28300
31450
33950
36450
39000
41500
Lam Income
13750
137W
17700
19650
21200
228M
24350
25950
RIO WANDS COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
32150
34200
Low Income
11350
12950
14600
16200
17500
18800
201W
21400
ROUrr COUNTY
Moderate Income
23900
27350
30750
34150
36900
39600
42350
45100
Low income
14950
17100
19200
21350
23050
24750
26450
28200
SAGUAt3i8 COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
32150
34200
m
Low Incoe
11350
12950
14600
16200
17500
18800
20100
21400
SAN JUAN COUNTY
m
Moderate Incoe
18650
213M
24000
26650
28750
30900
33050
35150
Low Income
11630
13300
15000
16650
18000
19300
20650
220W
SAN MIGUEL COUNTY
Moderate Income
21550
24650
27700
30800
33250
35750
38200
40650
Low Income
13500
15400
17300
19250
208110
22350
23850
25400
SEDOWIt7C COUNTY
Moderate income
18150
20750
23350
25900
2WW
30050
32150
34200
Law income
11350
12950
14600
16200
17500
18800
20100
21400
SUMMrr COUNTY
Moderate Income
26950
30800
34650
38500
41550
44650
47700
50900
31750
Low Income
16850
19250
21650
24050
25950
27900
299M
TELLER COUNTY
Moderate Income
22850
26100
29400
32650
35250
378M
40450
43100
Low Income
143M
16300
18350
20400
21050
23650
25300
26950
WASHINGTON COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
18800
32150
20100
34200
21400
Low Income
11350
12950
14600
16200
17500
WELD COUNTY
Moderate Income
19900
22700
25550
28400
30650
32950
35200
22000
37500
23450
Low Income
11450
14200
15950
17750
19150
20600
YUMA COUNTY
Moderate Income
18150
20750
23350
25900
16200
28000
17500
30050
18800
32150
20100
34200
21400
Low Intone
11350
12950
14600
D4
Prohibit D
Effective May 5, 1993
MAXIMUM INCOMES FOR 'LOW - INCOME' AND 'MODERAMNCOME' HOUSEIIOLDS — in current (1993) dollars
(to be used only for CDDO projects funded under the 1988 and subsequent CDDO Program Ouidelines)
Persons whose current household Incomes do not exceed these maximum Income limits are considered to be low and moderate Income (LMI) persons In the CDDO program. CDDO grantees and applicants whose projects involve the individual selection
and qualification of beneficiaries based on their current Incomes (as Is the case in housing rehabilitation, job creation and other 'direct benefit' projects) must use these income limits in determining whether beneficiaries are LMI persons. CDBG tmntees
and applicants using Department - approved surveys to obtain Information on the curtest Incomes of project beneficiaries must use these Income limits to estimate the LMI benefit of project activities. CDDO grantees and applicants using 1969 Income
data (from the 19911 Census) to estimate the LMI benefit of project activities are 041 permitted to use these current (1993) Income limits, but rather must use the 1989Income limits contained In Appendix C of the CDOO Program Guidelines and a
HUD - prescribed methodology. In other words, these Nrrent (1993) Income limits are to be used with u� jgnj Income Information, and the 19N Income limits contained in Appendix C of the CDDG Program Guidelines are to be used with 1_989 Income
data reported In the 1990 Census.
Household Site
rat
Type of Household
I Person
2 Perso
3 Person
4 Person
Person
6 Person
Person
8 Person
ADAMS COUNTY
Moderate Income
26000
29700
33400
37100
40100
43050
46050.
49000
Low Income
16250
18550
20900
23200
25050
26900
28750
30600
ALAMOSA COUNTY
Moderate Income
18150
20750
23350
25900
2WW
30050
32150
34200
Low income
11350
12950
14600
16200
17500
18800
20100
21400
ARAPAHOS COUNTY
Moderate Income
26000
29700
33400
37100
40100
43050
46050
49000
Low Income
16250
18550
20900
23200
25050
26900
28750
30600
ARCHULErA COUNTY
Moderate Income
18130
20730
23350
23900
28000
30050
32150
342M
Lau Income
11350
12950
14600
16200
17500
188W
20100
21400
BACA COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
32150
34200
Low Income
11350
12950
14600
16200
17500
18800
20100
21400
BENT COUNTY
Moderate Income
18150
20750
23350
25900
28000
30050
32150
342M
Low Income
11310
12950
14600
16200
173M
18800
20100
21400
BOULDER COUNTY
Moderate Income
27800
31750
33750
39700
42900
46050
49250
12400
Low Income
IT=
20200
22700
25250
27210
29300
3DW
33310
CHAFFEE COUNTY
Moderate Income
18150
20750
23350
25900
26000
30050
32150
34200
Low income
11350
12950
14600
162M
11500
18800
20100
21400
CHEYENNE COUNTY
Moderate Income
19400
22150
24900
27700
17300
29900
18700
32100
20050
34300
21450
36550
22850
Low Income
12100
131150
15150
CLEAR CREEK COUNTY
Moderate Income
26550
30350
34150
37900
23700
40950
21600
44000
27500
47000
29400
50050
31300
Low Income
16600
18910
21350
CONEIOS COUNTY
Moderate Income
18110
20750
23350
14600
25900
16200
28000
17500
30050
18800
32150
20100
34200
21400
Low Income
11350
12950
COSTTLL A COUNTY
Moderate Income
18150
20750
233M
25900
16200
28000
175M
30050
188M
32150
20100
34200
21400
Low income
11310
12950
146M
CROWLEY COUNTY
Moderate Income
18150
20750
23350
14600
25900
162W
2WW
17500
30050
16800
32150
20100
34200
21400
Low Income
11350
12950
CUSTER COUNTY
Moderate Income
18150
20750
233M
14600
25900
16200
28000
175M
30050
18800
32150
20100
34200
21400
Low Income
11350
12950
&1
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
G so - _ X44
BUDGET GRANT LINE
HDG #93 -076
FIRST AMENDMENT
THIS CONTRACT, made this day of 104, by and between the State of
Colorado for the use and benefit of the Departmen of Local Affairs, Division of Housing, 1313
Sherman Street Room 323, Denver, Colorado 80203 hereinafter referred to as the State, and the City
of Pueblo, #1 City Hall Place, Pueblo, CO 81003, hereinafter referred to as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number 100, Appr. Code Number 291, Contract Encumbrance Number C854232 and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the parties heretofore entered into a Contract dated the 30th day of April, 1994,
contract routing number 94 -0265 and contract encumbrance number C854232, hereinafter called the
original contract, for the performance of services and work, in consideration for Housing Development
Grant funds;
WHEREAS, the original contract contained an incorrect termination date;
NOW, THEREFORE, it is hereby agreed that:
Provision 48. of Exhibit A shall be amended to read as follows:
B. This Contract shall expire on December 20, 1995, except that the Contract may be
extended by mutual agreement of the State and Contractor. Any requests for extension
by the Contractor shall be submitted to the State at least 30 days prior to the
expiration of the Contract with a full written justification for the extension request.
2. Except as herein amended, all other contract provisions shall remain in full force and effect.
3. In the event of any conflict, inconsistency, variance or incongruity between provisions of this
Contract Amendment or any of its attachments or exhibits, and any of the provisions of the
Original Contract, or its attachments or exhibits, the provisions of this Contract Amendment
shall in all respects supersede, govern and control.
Page 1 of 3 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year arc contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24- 34 -402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly
or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6- AC -02B
Revised 1/93
395.53 -01 -1022
page _2 of ,3 pages
(g) In the event of the contractor's non - compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8 -17 -101 dt 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
arc financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non- resideat bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102)
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which
is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS I8 -8 -301, ct, seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, et. scq., (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the panics hereto have executed this Contract on the day first above written.
Contractor: City of Pueblo
(Fu1lLcga1Namc) City of Pueblo
A MunicipaL Corporation
Position(Titic) Lewis A. Quigley, ity Manage
I. #84- 6000615
Social Security Number or Federal I.D. Number
If Corporation:)
Attest (Seal)
By orpora:c S «ntary, of EK-1cm, ToW I /Couwy Ckrk
STATE OF COLORADO
ROY RO ,GOVERNOR
n
•S EXECUTIVE DtR OR
DEPARTMENT
OF Local Affai
APPROV "I ROVALS.
ATTORNEY GE RAL GAL ' �N CON
TR MTE C o 'a•p ^ OLLER
RA By By
ID '
A- All All U
F L IEGAI . VICES UhNMAL
Form 6- AC -02C
Revised 1/93 page _ 3 which is the last of 3 pages
395 -53 -01 -1030 'Sec instructions on reverse side.